Statement of case in support of a Determination that a statutory EIA is not required

This is a relevant project in terms of section 55A(16) of the Roads (Scotland) Act 1984 as it is a project for the improvement of a road and the completed works (together with any area occupied by apparatus, equipment, machinery, materials, plant, spoil heaps, or other such facilities or stores required during the period of construction) exceed 1 hectare in area.

The project has been subject to screening using the Annex III criteria to determine whether a formal Environmental Impact Assessment is required under the Roads (Scotland) Act 1984 (as amended by The Roads (Scotland) Act 1984 (Environmental Impact Assessment) Regulations 2017). Screening using Annex III criteria, reference to consultations undertaken and review of available information has not identified the need for a statutory EIA.

The project will not have significant effects on the environment by virtue of factors such as:

Characteristics of the scheme:

  • Construction activities are restricted to an area of 1.41ha along a 2.015km stretch of the A99 trunk road.
  • The works will be temporary, transient, localised and completed during day-time hours on a rolling programme.
  • Measures will be in place to ensure appropriate removal and disposal of waste.
  • Works are not expected to result in significant disturbance to protected species that may be present in the wider area.
  • The risk of major accidents or disasters is considered to be low.
  • Removal of the carriageway defects will provide this part of the A99 carriageway with another life cycle and significantly improve the ride quality which will result in safer conditions for road users.
  • The works will include the resurfacing and structural maintenance of the A99 by milling out and replacing of up to 300mm od bituminous material and reinstatement of road markings.

Location of the scheme:

  • The works will be carried out within the existing A99 road boundary and as such, no land take will be required.
  • The HRA concluded that works with appropriate mitigation and containment measures in place, the works are not expected to result in AESI on these sites.
  • The scheme is not located within a NP, NSA, or any other sites designated for landscape character or quality. Works entail like-for-like resurfacing; no change to the visual landscape is expected.

 Characteristics of potential impacts of the scheme:

  • Any potential impacts of the works are expected to be temporary, short-term, non-significant and limited to the construction phase.
  • No impacts on the environment are expected during the operational phase as a result of works. The works are expected to result in positive impacts on road users and human receptors during the operational phase.
  • As the works will be limited to the like-for-like resurfacing, there will be no change to the vulnerability of the road to the risk or severity of major accidents/disasters that would impact on the environment.
  • The SEMP will include plans to address environmental incidents.
  • Mitigation measures detailed above and in the SEMP are put in place with the objective to prevent and, if required, subsequently control any potential impacts on sensitive receptors.
  • In the event that INNS presence is located on site, measures to prevent potential INNS spread will be implemented.
  • No in-combination effects have been identified.